Resolution-PC 2007-25~ ~.
RESOLUTION NO. PC2007-25
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2007-05182 BE GRANTED
(1671 WEST KATELLA AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit#or certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
THAT PORTION OF LOT 5 IN BLOCK 17 OF A SUBDIVISION OF THE 5'/z OF
SAC 21 AS SHOWN W BOOK 1, PAGE 33 OF MISC' MAPS OF ORANGE
COUNTY CALIFORNIA - A PORTION OF SAID LOT 5 ALSO ON MAP OF
TRACT 2177; BOOK 59 PAGES 36 & 37 OF MISC MAPS OF ORANGE '
COUNTY CALIFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in ihe
City of Anaheim on March 19, 2007, at 2:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use, to construct a 14-unit commercial retail center, is properly one for
which a conditional use permit is authorized by Anaheim Municipaf Code Section 18.08.030.040:0402
(Commercial Retail Center) with waivers of the following:
(a) SECTION NO. 18.08.050.010 Maximum structural heiqht.
20 feet permitted; 28-30 feet proposed)
(b) SECTION NO. 18.080.060.010.0101
(c) SECTION NO. 18.08.060.010.0101
Minimum landscape setback.
Deleted)
Minimum structural setback.
(51 feet required; 10-11 feet proposed)
(d) SECTION NO. 18.42.040.010
Minimum number of parkinq spaces.
67 required; 60 proposed)
2. That the above-mentioned waiver (a) is hereby approved as the site is unique because of its
narrow frontage which is approximately a third of the depth of the property. The narrow width of the property
constrains the property's development potential forcing the necessary square footage into a two story
structure. Additionally, the neighboring property to the south has a similar height. Denial of this waiver
would deprive this property of a privilege enjoyed by other property in the vicinity. Windows are not
proposed for any of the second-story tenant spaces reducing the potential for loss of privacy for adjacent
single-family residences.
3. That the above-mentioned waiver (b) is hereby denied because it has been deleted.
4. That the above-mentioned waiver (c) is hereby approved because the site is constrained by
its narrow width. Compliance with this setback would limit the width of the building to approximately thirteen
(13) feet, whicM is unusually narrow. Denial of the waiver would deprive this property a privilege enjoyed by '
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other properties in the`vicinity because the properties to the west haVe similar structural setbacks of 5 to 10
feet abutting a residential zone.
5. That the above-mentioned waiver (d), under the conditions imposed will not cause fewer off-
street parking spaces to be provided for such use than the number of such spaces necessary. The proposed
building has been designed with a mix of oifiice and retail uses. The parking demand for retail uses are
generally heavy during evening hours when offices will be closed. Therefore, the shared parking with mixed
uses wilf provide adequate parking stalls.
6. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposal because
parking is not permitted on Katella Avenue.
7. That the parking waiver, will not increase traffic congestion within the off-street parking areas
orJots provided for the proposed use because adequate parking and circulation is provided for the mix of
uses proposed.
8: That the parking waiver, under the conditions imposed, if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use because the mix of retail and office uses will provide adequate parking. The development will
provide additional shared access with the property to the west which will ease traffic congestion on Katella
Avenue.
9. , That the proposed "commercial retail building as conditioned herein would not adversely
affect the adjoining land uses and the growth and development of the area in which it is proposed to be
located.
10. That the size and shape of the site for the use is adequate to allow the full development of
the proposed use in a manner not detrimental to the particular area or to the health and safety.
11. That granting of the conditional use permit under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is
compatible with the surrounding area
12. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed fhe proposal; and does hereby approve the Negative Declaration upon finding
that the declaration reflects the independent judgment of the lead agency and that it has considered the
Negative Declaration together with any comments received during the public review process and further
finding on the basis of the initial study and any comments received that there is no substantia4 evidence that
the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That the number of tenant spaces for this commercial retail center shall be limited to fourteen (14). Said
information shall be specifically shown on plans submitted for building permits.
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2. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and
grounds contiguous to buitdings shall be provided with lighting of sufficient wattage to provide adequate
illumination to make clearly visible the presence of any person on or about the premises during the
hours of darkness and provide a safe,'secure environment for all persons, property, and vehicles on-
site.' Said information shall be specifically shown on plans submitted for Police'bepartment, Community
Services Division approvaL '
3. That 4-foot high street address numbers shall be displayed flat on the roof of the building in a color that
: contrasts with the roof materiaL The numbers shall not be visiblefrom the streets or adjacent
properties. Said information shall be specifically shown on plans submitted for building permits.
4. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division for review and approvaL
5. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department and in accordance with approved plans on file with said Department. Said storage areas
shall be designed, iocated and screened so as not to be readily identifiable from adjacent streets or
highways. The wafls of the storage areas shall be protected from graffiti opportunities by,the use of
plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers
or tall shrubbery. Said information shall be specificaUy shown on the plans submitted for building
perm its.
6. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476
and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division.
Said turn-around area shall be specifically shown on plans submitted for building permits.
7. That the project sha11 provide for accessible truck deliveries on-site. Said information shall be
specifically shown on plans submitted for building permits.
8. That a final coordinated sign program for the entire center, including specifications for the monument
sign and wall signs, shall be submitted to the Planning Services Division for review and approval as to
placement, design, and materials. Said plans for the monument sign shall incorporate the stone
treatment used on the building. The signage shall be designed to complement the architecture of the
commercial retail center. Any decision by staff may be appealed to the Planning Commission as a
"Reports and Recommendations" item.
9. That all new backflow equipment shall be located above ground and outside of the street setback area
in a manner fully screened from a{I public streets. Any backflow assemblies currently installed in a vault
shall be brought up to current standards. Any other large water system equipment shall be installed to
the satisfaction of the Water Engineering Division in either underground vaults or outside of the street
setback area in a manner fully screened from all public streets and alleys. Said information shall be
specifically shown on plans and approved by the Water Engineering Department.
10. That all requests for new water services, fire hydrants, or fire lines, as well as any modifications,
relocations, or abandonment's of existing water services and fire lines, shall be coordinated through
Water Engineering Division of the Anaheim Public Utilities Department.
11. That since this project has a landscaping common area exceeding 2,500 square feet; a separate
irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code.
Said information shall be specifically shown on plans submitted for building permits.
12. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on
plans submitted for building permits. Plans shall also identify the specific screening treatments of each
device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.).
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13. That any required relocation of City electrical facilities shall be at the developer's expense.
14. 'fhat plans shall be submitted to the Tratfic and Transportation,manager for his review and approval
showing conformance with Engineering Standard.No. 115 (10-foot radius curb returns for all driveways
and sight distance visibility for the monument sign and wall location).
15. That any removal or relocation of any traffic signal equipment or any other related item to the traffic sign
shall be at the developer's expense if the project requires streetwidening or new/modification of the
driveway. :
16. That plans shall be submitted to the Planning Services Division for review and approval in conformance
with the current version of Engineering Standard Plan Nos. 436, and 470 pertaining to parking
standards and driveway location. Subject property shall thereupon be developed and maintained in
conformance with said plans. '
17. That final elevation plans shall be submitted to the Planning Services Division for review. ' Said plans
shall incorporatethe use of stone material, detailed information pertaining to the materials and colors
proposed, detailed information pertaining to the quality and design of proposed lighting, detailed
information pertaining to the quality and design of trellises and canopies proposed. Any decision by
staff maybe appealed to the Planning Commission as a"Reports and Recommendations" item.
18. That building and parking lot lighting shall be decorative. Additionally, lighting #ixtures shall be down-
lighted and directed away from nearby residential properties to protect the residential integrity of the
area: Said information shall be specifically shown on the plans submitted for building permits.
19. Thaf all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully
screened by architectural devices and/or appropriate building materials. Said information shall be
specifically shown on the plans submitted for building permits.
20. That final landscape and fencing plans shall be submitted to the Planning Services Division for review
and approval. The fencing plan shall incorporate an eight (8) foot high decorative block wall along the
north and east property lines and broad headed evergreen trees planted ten foot on center. Said plans
shall show a minimum of five (5), 24-inch box size trees along Katella Avenue, shrubs, groundcover, :
and clinging vines to be planted in layers on all walls visible from the public right-of-way and within
landscape setbacks. The landscape materiaf selected shall be appropriate to the width of the planter
area. Any decision made by the Planning Services Division regarding said plan may be appealed to the
Planning Commission as a"Reports and Recommendation" item. All trees shall be properly and
professionally maintained by the property owner to ensure mature, healthy growth. Such information
shall be specifically shown on the plans submitted for building permits.
21. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 771
(to permit on-sale beer and wine in conjunction with a restaurant and Variance No. 1735 (waiver of
maximum height of a free-standing sign) to the Planning Services Division.
22. That the City of Anaheim Sewer Impact Mitigation fee for the West Anaheim Area shall be paid. The .
mitigation fee is currently $124/1,000 square feet of gross floor area.
23. That the applicant shall abandon any City of Anaheim public utilities easements that conflicts with the
proposed building footprint.
followinq condltions shall be complieci witn:
24. That the applicant must coordinate with the City of Anaheim design section regarding the ultimate
location of the driveway approach. If the applicant fails to coordinate the location of the driveway
, approach, at developer cost, the City constructed driveway approach shall be removed and replaced
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with curb and gutter and a new driveway approach'shall be constructed in the correct location. A right-
of-way construction permit shall be obtained for work to be done in the City right-of-way.
25. That the applicant shall submit to the Public Works Department, Qevelopment Services 4iVision for :
review and approval a Water Quality Management Plan that:
• Addresses Site Design Best Management Practices{BMPs) such as minimizing impervious areas,
maximizing perrrieability; minimizing directly connected impervious areas, creating reduced or
"zero discharge" areas, and conserving natural areas.
• Incorporates the_applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan.
,• Incorporates Treatment Control BMPs as defined in DAMP.
• Describes the long-term` operation and maintenance requirements for the Treatment Control
BMPs.
• Describes the long-term operation and maintenance requirements for the Treatment Control ,
BMPs.
• Identifies the entity that will be responsible for long-term operation and maintenance of the
Treatment Control BMPs.
Prior to final buildinc~ and zoninq inspections the followina conditions shall be complied with:
26. That prior to issuance of a certificate of occupancy, the applicant shalL•
• Demonstrate that all structuraf BMPs described in the Project WQMP have been constructed and.
installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to irr~plement aII non-structural BMPs described in the
Project WQMP.
• Demonstrate that an adequate number of copies of the approved Projects WQMP are available
onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
27. That an Emergency Listing Card, Form APD-281 shall be completed and submitted in a completed form
to the Anaheim Police Department. '
28. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department
marked Exhibit Nos. 1 through 8, and as conditioned herein.
General Conditions:
29. That no video, electronic or other amusement devices shall be permitted on the premises.
30. That all public phones shall be located inside the building.
31. That no outdoor vending machines that are visible to the public right-of-way shall be permitted on the
property.
32. That all trash generated from this commercial retail center shall be properly contained in trash bins
located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up '
shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the
property. The Community Preservation Division of the Planning Department shall determine the need
for additional bins or additional pick-up. Ali costs for increasing the number of bins or frequency of pick-
up shall be paid by the business owner.
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33. That fhe property shall be permanently maintained in an orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hours from the time of disGovery.
34. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that
it is removed, damaged, diseased and/or dead.
35. Extensions for further time to complete said conditions may be granted in accordance with Section
18.03.090 of the Anaheim MunicipaL
36. That approva( of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or`requirement
37. That timing for compliance with conditions of approval maybe amended by the Planning Director upon .
a Showing of good cause provided (i) equivalent timing is established that satisfies the original intent
andpurpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii)
the applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competentjurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 19, 2007. Said resofution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal. /,~~ ~
CHAIRMAN, ANAN~EIMFCANNING COMMISSION
ATTEST:
r
l'~2,v-~~c,~°
SENIOR SECRE7ARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ) -
I, EJeanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify.
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on March 19, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO
_ NOES: COMMISSIONERS: NONE ,
ABSENT: COMMISSIONERS: VELASQUEZ
I WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2007.
,
_ ~ , /r`~ .
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION